Defenses Flashcards
Insanity
If D was legally insane at the time of criminal act, no criminal liability will be imposed
Duress
excuses criminal conduct where D reasonably believes that only way to avoid unlawful threat of great bodily harm or imminent death is to engage in unlawful conduct
(not a defense to murder, unless to excuse underlying felony murder)
Self Defense
Honest and reasonable judgment that it is necessary to use force to defend again an unlawful, imminent threat of bodily harm
Intoxication: Involuntary & Voluntary
Involuntary: defense to any crime requiring proof of general or specific intent so long as it negates mens rea
Voluntary: may be a valid defense for a specific intent crim if it negates requisite mental state. Not a defense to general intent crimes and wont negate recklessness, negligence or strict liability
Four tests for insanity defense: Durham (New Hampshire) Rule
D not criminal responsible if unlawful act was product of mental disease/defect - would not have been committed but for the mental disease or defect
Elements of Self Defense
1) D is victim of unlawful threat (not initial aggressor)
2) D is in imminent danger of unlawful bodily harm
3) D uses proportional force to prevent imminent harm
Homicidal Self-Defense
1) permitted only in response to imminent threat of death or grievous bodily harm
retreat rule
CL: Victim of unlawful violence had duty to retreat before use of deadly force
Even when retreat still required, not required in D’s own home, car, or office and not required if retreat not feasib.e
Defense of Third Person
1) justified when necessary to defend 3rd party who is facing unlawful imminent threat of bodily harm
2) deadly force only justified when threat of death or grievous bodily harm
3) Majority: reasonable of d’s belief that 3rd person was being unlawfully attacked. If reasonable, but mistaken, can still claim defense.
Minority: D steps into shoes of victim, if 3rd party was first aggressor or failed to retreat when required by law, D has no defense
Defense of property
reasonable, non deadly force is justified in defending one’s property from theft
Element of Defense of Property
1) D has reasonable belief property is in immediate danger
2) no greater force than necessary is used
Defense of Necessity
justifies commission of what is normally a crime when:
1) necessary to avoid immediate threat of greater harm to persons or property, +
2) no reasonable alternative to breaking law to avoid greater harm +
3) D not responsible for causing the harm
Common law necessity
never a defense to murder, as raised as defense to underlying felony for felony murder
MPC: Necessity
can raise for all charges, even homicide, which might result in acquittal if D kills 1 person to save lots of lives.
